Legal Question in Employment Law in California
drug testing
I have a prescription for marijuana.When I apply for a job
can they refuse to employ me because it shows on a drug test?(which some employers require prior to employment.)
Asked on 10/31/03, 1:53 am
2 Answers from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
Re: drug testing
Yes, you can be denied employment if you test positive for the chemicals contained in marijuana, regardless of whether you have a prescription.
Answered on 11/04/03, 8:07 pm
Thomas Pavone
Pavone & Cohen
Re: drug testing
If the underlying cause for which you have the prescription is a disability under California Law, you may have a claim for a refusal to hire. However, your case will not be an easy one to prove as there are differing opinions as to whether marijauana is a ligitimate treatment.
Answered on 11/04/03, 8:35 pm
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